Ordinance No. 12-06 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 12- otp
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 12, WATER AND
SEWERS,TO REMOVE DAY-TO-DAY BUSINESS PRACTICES WHICH ARE NOW DOCUMENTED
ADMINISTRATIVE RULES
WHEREAS, the Tigard Municipal Code (TMC), Title 12, Water and Sewers, is outdated and contains
information on the day-to-day business practices related to water and sewers;and
WHEREAS, on August 23, 2011, council adopted Resolution No. 11-06 which authorized the use of
administrative rules;and
WHEREAS,Chapter 12.01 allows for the creation of administrative rules pertaining to the entire chapter;and
WHEREAS, on June 6, 2012, the city implemented administrative rules which document day-to-day business
practices relating to water and sewers;and
WHEREAS, the rules are designed to be more accessible and "user-friendly" than the municipal code and will
improve the city's ability to communicate basic utility practices to its customers;and
WHEREAS, day-to-day business practices are currently documented in two places—the municipal code and
the administrative rules;and
WHEREAS,this ordinance will remove the day-to-day business practices from the TMC.
NOW,THEREFORE THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 12.03,Billing and Collection of Utility Charges, of the TMC is amended as shown
in Attachment 1, (strikeout/underline version),and Attachment 2, (finalized/clean version).
SECTION 3: Chapter 12.10,Water System Rules and Regulations, of the TMC is amended as shown in
Attachment 3, (strikeout/underline version),and Attachment 4, (finalized/clean version.).
SECTION 4: This ordinance shall be effective 30 days after its passage by the council, signature by the
Mayor,and posting by the city recorder.
PASSED: By utn an',ai u 5 vote of#council members present after being read by number
and title only,this LQ� day of 92012.
acherine eatley,City Recorder
ORDINANCE No. 12- D
Page 1
APPROVED: By Tigard City Council tlhis��y of
Dir sen,gayor
Approved as to form:
11Z 4 ,&-
i omey
9�'ate
ORDINANCE No. 12-
Page 2
Attachment 1
Additions Underlined in Color
Deletions Strikethrough in Color
TIGARD MUNICIPAL CODE
Chapter 12.03 BILLING AND COLLECTION otherwise receives services from the City's storm,
OF UTILITY CHARGES. surface water, sanitary sewer or water systems.
The occupant of occupied property is deemed the
Sections: user. If the property is not occupied, the person
who has the right to occupy it shall be deemed the
12.03.010 Authority user.(Ord. 02-29)
12.03.0120 Definitions.
12.03.0330 Rates,Charges,Fees,Penalties, 12.03.0330 Rates,Charges,Fees,Penalties,
Collections. Collections.
12.03:030 Delinquent Colleetion
PFeeedur-es: (a) Clean Water Services Rates and Charges
Resolution and Orders n••mbef°C 3 4as amended;
Pr-oeedur-es Sewer-Only and Ordinance Numbers 26,27,28, and 29 as
EustomeFs. amended are hereby adopted by reference and
12.03.050 Other-Fees And Charges--. shall be in full force and effect as part of this
12.03.0640 Utility Charge Adjustments municipal code.
And Payment Agreements.
12.03.0-750 Customer Appeal Process. (b) Collections from utility customers will
be applied first to interest, penalties or other fees
12.03.010 Authority and charges, then proportionately among the rest
of charges for services billed or as provided by
All definitions, authority, rules, and regulations as contract with Clean Water Services.
described in Chapter 12.01, Utility Services Rules
and Regulations, are applicable to this chapter. (c) All Fees and Charges set forth in this
chapter shall be set by resolution by the Tigard
12.03.0-120 Definitions. City Council. (Ord. 02-29)
(a) Utility Charges. x.03.03" Delinquent`'^Deet'^"
T
Any combination of water service charges,
sanitary sewer service charges, surface water (a) Billing Gyele Utility ehar-ges will b
charges or other fees and charges authorized by billed touser-s every other- fneath wat
the Tigard City Council or the Clean Water meter-s-are-read. Utility bills will be plaoed in the
Services imposed on users of utility services. United SWes Mail after-the water meter- ead e
60 ys after- billing for- non ,a
(b) Delinquent. eustemers. Sueh- atiiityy--bills shall statue
amounts and types of.har-ges ineluded in the
Utility charges not paid by the due date specified and shall state the due date for-the utility ehar-,es
on the bill for such charges are considered Such due date shall net fele"" than 14 days �em
delinquent. the date tills o mailed.
(c) User. (bReminder- Netiee— Fel these •,•:1;•,,
edges not paid by *he due daw, ende
User shall mean any person who uses property natiee will be sent-te the-eustemer. The Notie
which maintains connection to, discharge to, or shall state the &meufAs and types of ehafges pas
12-03-1 Code Update: 10102
TIGARD MUNICIPAL CODE
due and the date by whieh suoh ehafges Fflust be business aa.. RTE) water . .ill her eeted after
paid to avoid tufn off pr-eeedufes. The r-eminde noFmal operating hours or-on weekends,
notiee shall be plaeed in the United States Mail
fiet less than 14 days after-the original doe date on r(f) MeterDiseemeetion Charge—A ehafge
the ofiginal Lill shall he aided to eavh e at : uh:eh a meter-:
t e.l off and leeked for- non ieiit if*clic
[c)Shu9€fNet}ee For— these utilit�
ehar-ges fiet paid by the due date stated on the meter haev on without prior- appr-eval of the tit..
The .neer will he r ffl
� te edo.n the a nd an
the Fent door-of the dwelling o slave of business the water seritee ea}ped off. Water sefviee-shall
at least 44 hours prior-to the sehed led aetual shut of her eeted until the a .sremer has paid rhe
off, The City
shall maintain a list of all shut-off pastdueutilitty e-hiTges,water- ,liseenneerion
et:ees indieati fig the r:.ne and to anion the norive
was plaeed and by when The shot off netiee
shall state the a nts and types of ehafges past (g) Multifamily Housing Colleetion P
due and the ,late and time s eh eha fges must he When aeeounts for- multifamily housing
paid to avoid aetual shut off of seFviees. eamplexes tising mastef fneter-s rather- than
individual metefs beeafnes—delinqueiitt,
(d) Shut Off Proeedur-e All aawounits ..a:..idual responsible for-payment „
determined to be unpaid 48 hours after- a shut a t:li4
rhe ut.. hills shall he notified of the past due
notiee has been plaeed on the premises shall be status of the aeeetiat in the nofmal preeess ser
listed-and-sehedulea�ut off, The 48 hours- rof4h in seetion 12. r—. Howevenrlieu e
shalt he a ..teal on business .taus enly and shall the-sb'sctaxgpreeeduz=ethe responsible-parFty shall
not ineltide Holidays or- weekends. On the aa.. he notified in writing that the shureff a educe
sekedtiled for—shute€ -daily pa)4aeats-will be will be followed if the delingtte„t utility ehaFges
r-eviewe.l to ,°term° ;f a nl;eahle a nt� afe of paid within thii4y ,lays Nor;fieation will
have been r e.l The lint a amended will the Aso he .nate to all tenants known by the City to
be delivered te the appropriate efew member- :l 1 A is r .t 'thin the
tbe-e�tei}tie'S.mi:c-T=eeviitirsiivr=paicr Yvzcrzirrrc:c
who .ill then shut ag and leek these .peters on tbifty days will be notified and t...-.,ed eff
the list. -danee with seetien 1 2 n2 030 (e) and ia1
(n9)
/el Water- niseenneetien Charge f^r Rlen
Paa7aiielitA Abse•° will he added to eaeh 12.03 n-a 40 Delinqueney Colleetion
aeeounr that has of been paidprior- to the ri.ae PFoeedures Sewer Only
indieated on the shut off notiee The ehar-ge v e Customers.
all vests a ated with the delinquent eelleeriopreeess. The ehaf:ge shall apply even if aettial shut n
For- ur:lity eha f:ges on aeeou.pts .:theur ater
off is not peFfefmed due to the payment of the e e,
delinquent amounts may be elleetepast due balaftee made to the er-ew member- in the t
gthe felleu.iag eolleet:en methe.ts .n lieu of
field the o gee oto shut off, sh..teff n edur-e ser fefth 1 2 lift nen ( )
�Zu-vi-iir cc�ust�r• ,
sen,iee-will be same dayas (d),Ee).:
diseenaeet:on if the e..tstanding hill and related
bar-ges are aid in fill by 5.00 PM if ram, eat (a) Delinquent utility charges may be
will not re@eimeeted ufitil the next fegula The ee Difeeter-oi-designee shall
12-03-2 Code Update: 10102
TIGARD MUNICIPAL CODE
,1eetimens mayeueu .tldbut t liitd to gaskets, Y
0 0 0 „ fnemete
voices, lac z--insefts, fneteF6, pfa.Ssur-e—FegulatAr
(b) DeliaquefA utilitY ehar-ges may be valves, relatedlabor-, equiprnent, rehieles,anQ
eellleeted by filing a ,lain.--in the er-ial^ (n„a 02-49)
eeuA. The Finanee—DireEtw.. sh ll 1,^..0 th
authority to opt .. ,it of s eh „1.ims by the
City Aoemey and shall have the authority to sign 12.03.0640 Utility Charge Adjustments
and Flo neeessar-y deeu eat-. And Payment Agreements.
(e) Delinquent utility ehar-gesmay Errors in billing or collection shall be corrected in
ealleeted by '•••frog the uneelleeted h^lanee ave a timely manner by the City. Resulting credits on
to the Washing4on County Tax Assessef fe accounts or refunds shall be made as
1„^;,,., an tax twills . allowed by nuc 454.225. expeditiously as possible. Disputed billings or
This method of eelleetien shall only be used ;f'the other collection transactions shall be dealt with as
usef of the se es being billed ; also the ewneF follows:
of the pr-emises ewmeeted to the system. Th
In recognition of the need for exceptions in some
cases, authority is granted as follows for
in this manner shall be ehar-ged ^ tufaeveF fee and adjustments to utility charges and to the
shall two t,,.ned over- to the Assessor- eaeb ,or- h,, implementation of payment agreements. X411
r
eked to the inter-ge,.of. nent.,l Water Be,r�1
(d) Delinquent utility ehar-ges faa), also be eaeh Faenth upon their rvques4-.
eelleeted by disewmeeting utility sen,iees.
disc., neetien of or- ••tgoing ••blit• (a) The Finance Director or designee shall
se��iee-pipes-and faeilities. Diseenneefien shall have the authority to waive utility charges up to
..1., be pursued with the approval of the r;t„ $2-58500.00. Such waiver may be made based
upon a written request from the customer and for
ealeulated and ,^t be paid by the utility s o good cause. Good cause may include but is not
before m eetion is established (Ora 02 limited to correction of user or account
2-99 information, failure of the City to send a bill,
demonstrated failure of a user to receive a bill,
i2.03.050 OtheF Fees And Chmrgcorrection of measurement of either fixture units
or equivalent service units and adjustments to the
a) Rettifned Cheek Charge—A ehar6e will time in which requester became the user. Waivers
be added to aeeetints for-any eheeks r-ew ed from may include returned check charges,
the bank unpaid for- ^ reasonThe eh^ a shall disconnection charges or utility charges.
be set by fesolution of the City Couneil.
(b) The City Manager or designee shall
(b) Repair- or- u epl.,,,oment ef Water ",retort have the authority to waive utility charges up to
and Sen,iees Onee installed, any assts $2,500.00. _Such waiver must be made based
asseeiated--with—the --eplaeoment e upon a written request from the customer and for
damaged er missing stows and sen,iees will be good cause as defined in subsection (a). The City
12-03-3 Code Update: 10102
TIGARD MUNICIPAL CODE
Manager shall receive a written report of findings
from staff and then weigh the evidence presented
by the customer and the staff before making any
such waiver.
(e)=A►nrrequests to Waive utility ehar-ges
above $500.00 shall be made in writing to th-e
the next available agenda and so , I' "
eastemer- at least one week in adranee—All
mater-ialsr-related to the request shall be ace-
available to the Board and the eustemer- may be
allowed to make a pfesentation to the Beafd at the
disefetion of the Board Chaifman.
(dc) The City may enter into a payment
agreement with a customer to facilitate the
payment of delinquent utility charges. Such
agreements shall not exceed the term of three
years, current charges must be paid when due, and
the agreement must be signed by both parties and
must be a legally binding agreement. Breach of
such an agreement by the customer shall result in
further collection efforts. Payment agreements for
amounts over $10,000 must be approved by the
Tigard City Council. (Ord.02-29)
12.03.0-750 Customer Appeal Process.
(a) Customers shall have the right to appeal
billing decisions made by staff. If a customer is
not satisfied with a decision, the customer may
appeal to the Finance Director within fourteen
days of the decision in writing explaining the
issue and justification for the customer's position.
Finance Director decisions may be appealed to the
City Manager within fourteen days of the decision
in a similar fashion. City Manager decisions may
be appealed within fourteen days of the decision
to th ity
Council. ReardCouncil decisions are considered
final. (Ord.02-29,Ord. 96-02). ■
12-03-4 Code Update: 10102
Attachment 2
Finalized/Clean Version
TIGARD MUNICIPAL CODE
Chapter 12.03 BILLING AND COLLECTION 12.03.030 Rates, Charges, Fees, Penalties,
OF UTILITY CHARGES. Collections.
Sections: (a) Clean Water Services Rates and Charges
Resolution and Orders as amended; and
12.03.010 Authority Ordinance Numbers 26,27,28, and 29 as amended
12.03.020 Definitions. are hereby adopted by reference and shall be in
12.03.030 Rates,Charges,Fees,Penalties, full force and effect as part of this municipal code.
Collections.
12.03.040 Utility Charge Adjustments (b) Collections from utility customers will
And Payment Agreements. be applied first to interest, penalties or other fees
12.03.050 Customer Appeal Process. and charges, then proportionately among the rest
of charges for services billed or as provided by
12.03.010 Authority contract with Clean Water Services.
All definitions, authority,rules, and regulations as (c) All Fees and Charges set forth in this
described in Chapter 12.01,Utility Services Rules chapter shall be set by resolution by the Tigard
and Regulations,are applicable to this chapter. City Council.(Ord. 02-29)
12.03.020 Definitions. 12.03.040 Utility Charge Adjustments
And Payment Agreements.
(a) Utility Charges.
Errors in billing or collection shall be corrected in
Any combination of water service charges, a timely manner by the City. Resulting credits on
sanitary sewer service charges, surface water accounts or refunds shall be made as
charges or other fees and charges authorized by expeditiously as possible. Disputed billings or
the Tigard City Council or the Clean Water other collection transactions shall be dealt with as
Services imposed on users of utility services. follows:
(b) Delinquent. In recognition of the need for exceptions in some
cases, authority is granted as follows for
Utility charges not paid by the due date specified adjustments to utility charges and to the
on the bill for such charges are considered implementation of payment agreements.
delinquent.
(a) The Finance Director or designee shall
(c) User. have the authority to waive utility charges up to
$500.00. Such waiver may be made based upon a
User shall mean any person who uses property written request from the customer and for good
which maintains connection to, discharge to, or cause. Good cause may include but is not limited
otherwise receives services from the City's storm, to correction of user or account information,
surface water, sanitary sewer or water systems. failure of the City to send a bill, demonstrated
The occupant of occupied property is deemed the failure of a user to receive a bill, correction of
user. If the property is not occupied, the person measurement of either fixture units or equivalent
who has the right to occupy it shall be deemed the service units and adjustments to the time in which
user.(Ord.02-29) requester became the user. Waivers may include
12-03-1 Code Update: 10102
TIGARD MUNICIPAL CODE
returned check charges, disconnection charges or
utility charges.
(b) The City Manager or designee shall
have the authority to waive utility charges up to
$2,500.00. Such waiver must be made based
upon a written request from the customer and for
good cause as defined in subsection (a). The City
Manager shall receive a written report of findings
from staff and then weigh the evidence presented
by the customer and the staff before making any
such waiver.
(c) The City may enter into a payment
agreement with a customer to facilitate the
payment of delinquent utility charges. Such
agreements shall not exceed the term of three
years,current charges must be paid when due, and
the agreement must be signed by both parties and
must be a legally binding agreement. Breach of
such an agreement by the customer shall result in
further collection efforts. Payment agreements for
amounts over $10,000 must be approved by the
Tigard City Council. (Ord.02-29)
12.03.050 Customer Appeal Process.
(a) Customers shall have the right to appeal
billing decisions made by staff. If a customer is
not satisfied with a decision, the customer may
appeal to the Finance Director within fourteen
days of the decision in writing explaining the
issue and justification for the customer's position.
Finance Director decisions may be appealed to the
City Manager within fourteen days of the decision
in a similar fashion. City Manager decisions may
be appealed within fourteen days of the decision
to the City Council. Council decisions are
considered final. (Ord.02-29,Ord. 96-02). ■
12-03-2 Code Update: 10102
Attachment 3
Additions Underlined in Color
Deletions Strikethrough in Color
TIGARD MUNICIPAL CODE
Chapter 12.10 WATER SYSTEM RULES 12.10.010 Definitions.
AND REGULATIONS.
Inter-geyefwaental Water-13!2gEd(AVB)
Sections: i-epr-esentative board of fivejur-isdietional
12.10.010 Definitions. inember-s within the T-igafa Water-Sen4ee Afea.
12.10.020 Introduction. The purpose ffi f the nx1u is to. ak-e
12.10.030 Use Of Water. reeemmendations to the Tigard City ' i
12.10.040 Service Size. ,
and to eaffy eut other-
12.10.050 Separate Connection. sibilities set f fth i the eeepemtive
12.10.060 Furnishing Water.
12.10.070 Private Service Pipes.
12.10.080 Violation of Utility Services Tigard Water Service Area(TWSA)shall
Code mean the territory within the boundaries of City of
12.10.090 Jurisdiction. Durham,City of King City,Tigard Water District
12.10.100 Waste-Plumbing-Inspection. and the portion of the City of Tigard not served by
12.10.110 Physical Connections With Tualatin Valley Water District(TVWD).
Other Water Supplies Or
Systems. 12.10.020 Introduction.
12.10.120 Cross Connection Control
Program. All definitions, authority, rules, and regulations as
12.10.130 Payment-Delinquency. described in Chapter 12.01, Utility Services Rules
(Repealed By Ord.96-02), and Regulations,are applicable to this chapter.
12.10.140 Water Rates. This seetion of Title 12 applies to wate
12.10.1650 Interrupted Service-Changes utility sef-viees pf:evided by the City as
In Pressure. ati'he~ty of the T-igafd Water- service
12.10.1-760 Service Connection Additional—de€x}itions, ' r.-io ra, rR-1les�
Maintenance. r-egelations within Title 12 are phew le to this
12.10.1870 Limitation On The Use Of seetion.
Water.
12.10.220 Fire Hydrants. 12.10.030 Use Of Water.
12.10.2,3180 Fire Hydrant-Temporary Use.
12.10.24190 Illegal Use Of Fire Hydrant Or Water will be furnished for ordinary
Meter. domestic, business and community purposes, and
12.10.2500 Amendments-Special Rules- fire protection only. No water will be furnished
Contracts. for the direct operation of steam boilers,
12.10.2610 Grievances. machinery or golf courses, except on an
i n�Qn PoweF To Grant Var-ia interruptible basis, and the City will assume no
12.10.220 Findings And Declaration Of A responsibility therein. (Ord.93-34)
Water Emergency.
12.10.230 Enforcement. 12.10.040 Service Size.
12.10.240 Penalties.
12.10.250 Water Shut-Off. Upon the application for new water service,
and payment of all charges, the City will install a
service connection and meter of such size and
location as approved by the Public Works
12-10-1 Code Update: 11108
TIGARD MUNICIPAL CODE
Department. Meter and water service piping shall the City. Consideration will be given to the City's
be sized using the fixture count method as ability to serve and to eligibility for annexation to
described in the State of Oregon Uniform the City of the property to be served. The City
Plumbing Code. _The minimum size of any water may contract with other governmental entities for
meter, which connects to the city water system, the provision of water. The terms of service will
shall be five-eights/three-fourths inch diameter. be defined by agreement and consistent with the
terms of this Chapter. (Ord. 93-34)
In new subdivisions, the City requires the
installation of water mains, valves, hydrants and 12.10.070 Service Pipe Standard and
water services by the developer as a part of Maintenance.
improvements as described in this chapter. All
improvements and installations shall be in Service pipes of all sizes, within or without
accordance with Public Improvement Design the premises, whether for domestic, commercial,
Standards. (Ord. 02-31; Ord. 93-34) or fire protection purposes, must be materials,
quality, class, and size as specified by the state
12.10.050 Separate Connection. plumbing code or regulations of the City.
A separate service connection will be The service pipe within the premises and
required for each dwelling, apartment or motel, throughout its entire length to the water meter of
place of business, and institution. All outlying to the pr-epeAy line if the water-fneter-is set behift
buildings and premises used as a part of such must be keptin
dwelling place or business or institution may be r serviceable condition. _a�It must be
served from such connection, as well as all pprotected from freezing at the expense of the
buildings on such premises operated under the one customer, lessee, or agent, who shall be
management. City shall prescribe the number of responsible for all damages resulting from leaks
buildings to be served from one meter and such or breaks. (Ord. 02-31; Ord. 93-3)
determination shall be final. (Ord. 02-31; Ord.
93-34) 12.10.080 Violation of Utility Services Code.
A. Waste
12.10.060 Furnishing Water.
No customer shall cause or permit water to
The City shall not be obligated to furnish and run or be discharged through the fixtures,pipes or
install, at its expense, system facilities for all faucets on the customer's premises in excess of the
property within the City. The City shall, so far as quantity necessary for domestic,irrigation or
reasonable and practicable and within its financial other permitted purposes under this Code.
means, however, provide adequate source of
supply, necessary primary €eedertransmission B. Damage.
mains, storage facilities and other improvements
necessary to make water service generally No person shall willfully or maliciously
available to all areas within the City. Extensions damage or in any manner interfere with or remove
to furnish water to areas not now served by the any of the pipes,valves,back flow prevention
City will be made at the expense of those persons devices,meters, lock seals, surface water
requesting service. Such extensions will be made management systems or other property belonging
by the City or by those expressly authorized by to the City or used in connection with the City
12-10-2 Code Update: 11108
TIGARD MUNICIPAL CODE
utility system.Any person violating this section reservoirs, fixtures, etc. is the complete
shall be charged for all costs associated with responsibility of the City's Public Works
repairing any such damage or interference,plus Department.—–No plumber, contractor, or other
any penalty.This charge may be added to the person will be allowed to connect to or operate
utility bill. Failure to pay such repair charges shall any part of the City's water system up to and
be a basis for discontinuance of service. including the water meter. (Ord. 02-31; Ord. 93-
34)
C. Tampering.
12.10.100 Waste-Plumbing-Inspection.
No unauthorized person shall tamper with,
alter,or damage any part of the City utility Water will not be furnished to premises
system,reservoir system,pumping station, surface where it is allowed to run or waste to prevent
water management system,metering facilities, freezing or through defective plumbing or
open or close any fire hydrant or service line.No otherwise. Plumbing should be in conformance
person shall alter the utility service in a manner with the appropriate codes of the jurisdiction
which would allow service to more than one issuing the building permit.
household without applying for service and
complying with this Code.The Council may 12.10.110 Physical Connections With
establish a tampering fine by resolution for Other Water Supplies Or
violation of this provision.This fine may be Systems.
included in the utility bill. Failure to pay that fine
can result in discontinuance of service. Neither cross connections nor physical
connections of any kind shall be made to any
D. Violations. other water supply, whether private or public,
without the written consent and approval of the
Violation of this section is punishable by a City Council, and the written approval of the
I
fine of not more than$5,000. Violation of this Oregon DepaAment of Human SefvieesHealth
section a second or subsequent time within a 24- Authority.--Included in this category are all pipe
month period is punishable by a fine of not less lines, appurtenances and facilities of the City
than$1,500 and not more than$5,000. system and all pipes, appurtenances, pumps,
tanks, storage reservoirs, facilities, equipment,
E. Code Violation a Civil Violation. appliances, etc., of other systems whether located
within or on public or private property, or the
In addition to the other penalties provided by premises of a water customer.
this Code and State law,a violation of any
requirement of the Utility Code shall be a civil Any such connection shall be removed by the
violation pursuant to Tigard Municipal Code 1.16 customer within ten days after written notice to
and may be prosecuted in the Municipal Court of remove is given by the City. If not removed
the City of Tigard. (Ord. 94-19) within the time specified, the City may remove or
discontinue any connection which it may have for
servicing the property.
12.10.090 Jurisdiction Of Water System.
The operation and repair of the City's water No person shall interfere with or attempt to
system, including pipes, valves, pumps, prevent the Public Works Director or other
12-10-3 Code Update: 11108
TIGARD MUNICIPAL CODE
authorized representative from entering upon watef faueets should be kept elesed to pro,.,
private premises and inspecting the property when . (Ord. 93-34)
an emergency exists or the Public Works Director
or authorized representative exhibits a warrant 12.10.1-760 Service Connection
authorizing entry. (Ord.93-34) Maintenance.
The City will maintain all standard service
12.10.120 Cross Connection Control connections in good repair without expense to the
Program. customers. Each customer is required to use
reasonable care and diligence to protect the water
The City maintains a cross connection meter and meter box from loss or damage by
control program in order to protect the public freezing, hot water, traffic hazards, and other
water supply from contamination or pollution, and causes, in default of which, such customer shall
to assure that approved backflow prevention pay to the City the full amount of the resulting
assemblies or devices are tested and/or inspected damage.
annually.
Each customer is required to maintain
Determination by the City of appropriate levels of vegetation and other obstruction free zone of a
protection shall be in accordance with the minimum of two feet around the water meters, fire
Accepted Procedures and Practice in Cross hydrants or other water appurtenances. Clear
Connection Control Manual, American Water access to the meter shall be from the street side in
Works Association, Pacific Northwest Section, a direct path to the water meter. Failure to
current edition. maintain the area will result in City personnel
clearing the area to meet the City's meter reading
12.10.130 Payment-Delinquency. and maintenance needs. The City shall have no
(Repealed by Ord.96-02). liability for trimming of maintaining vegetation in
order to read meters.(Ord.02-31; Ord. 93-34)
(Repealed by Ord. 96-02,Ord. 96-02; Ord. 93-34)
12.10.1570 Limitation On The Use Of
12.10.140 Water Rates. Water.
All rates, fees and charges shall be set by A. Limitation on the use of water as to
resolution of the Tigard City Council. (Ord. 93- hours,purpose, or manner may be prescribed from
34) time to time by order of the Public Works
Director, based on a finding that the limitation is
reasonable given the available and projected water
12.10.1650 Interrupted Service-Changes supply and demand. Any order under this section
In Pressure. shall be reviewed by City Council at its next
session following issuance of the order. The City
The water may be shut off at any time for Council may affirm,withdraw or amend the order.
repairs or other necessary work with or without
notice. Conditions may cause a variation of the B. The Public Works Director, the City
pressure. The City will not be responsible for any Manager or the City Council may call for
damage caused by interruption of service or voluntary reductions in water use, including, but
varying pressure. When sefvi,e is inte f,. plea, iet not limited to, voluntary rotational watering plans.
12-104 Code Update: 11108
TIGARD MUNICIPAL CODE
(Ord. 01-15 §1, Ord. 93-34)
€allows:
Q.;10.220 Fire Hydr-ants.
A. The City Managef or-desigpee shall
Repealed by Ord. 2 3, (04 93 34) the power-to waive atter utility fes and
ehar-ges up to $2,500.
12.10.23180 Fire Hydrant-Temporary Use. B. The City N4aaager-er-El
authorized to make leak adjustment
Any person who desires to use a fire hydrant .-edit ^ waiver of fee dete-minati
for temporary water supply must obtain based on City pr-aetiees and pr-eeedures
permission of the City. The charge for temporary and all de '' sider-ed f"a'
use shall be set by resolution of the City Council. (Ord. 02='9,Ord 96 02,T-MG 12�3.)
Customer is responsible for repair and/or
replacement of damaged meter. (Ord. 93-34) G. >r.eept when pr-ehibited by subseet:^„ T'
Bf this Se ,
12.10.24190 Illegal Use Of Fire Hydrant Or 'Al-ater- Board may
Meter.
mies and Fegodlatiefis enaeted by the City
Connection to a fire hydrant or meter without of TigaFd when it finds that: 1) stfiet
proper authority is a Class 1 civil infraction. appheation of the mles and regelati^^�
(Ord. 02-31; Ord. 93-34) Bate • ndue o e hardship ` thee
appheant with no signifieant benefit
12.10.2600 Amendments- Special Rules- the—water-—system; 2) the vai-ianee
Contracts. requested has ., ,,..,tor 1 .,,averse oro^t
upen the water-system and it is eensis
The City may at any time amend, change or with established pelieies of the Tigar-d
modify any rule, rate or charge, or make any City Ceti
special rule, rate or contract, and all water service
is subject to such power. (Ord. 93-34) D. The Inter-geveffmneatai Water-Beafd may
12.10.2610 Grievances. of p--epef4- fi-o p-^teet:-11
c-res ca;meEterl—rega=iements, fees
Any grievance as to service or complaints rates and e> 93 34)
shall be made to the Public Works Director, who
shall attempt to resolve the problem. Any 12.10.30220 Findings And Declaration Of A
unresolved grievances as to service or complaints Water Emergency.
shall be reported and will be considered by the
Ifiter-govefamen4al Water- Board at the Bear-] Upon finding that the municipal water supply
next fneeting.City Manager. (Ord. 93-34) is incapable of providing an adequate water
supply for normal usage due to a drought, system
12.10.280 Power m.. Grant v.,rianees failure or any other event, the City Council may
declare a water emergency and require that water
usage must be curtailed. The declaration shall
12-10-5 Code Update: 11108
TIGARD MUNICIPAL CODE
include the effective date, the reason for the 12.10.34250 Water Shut-Off.
declaration and the level of prohibition declared.
The City Council may include an estimated time After the third violation of a curtailment
for review or revocation of the declaration. (Ord. restriction, the Public Works Director may order
01-15 §2) that the water service to the location where the
violation has occurred shall be shut-off or
reduced. A shut-off notice shall be posted on the
12.10.3230 Enforcement. property at least 48 hours prior to the scheduled
shut-off or reduction. The shut-off notice shall
A. Warning. The City shall send a letter of specify the reasons for the shut-off or reduction.
warning for each violation of a Any person wishing to avoid a shut-off must
curtailment restriction if no previous provide the Public Works Director with evidence
letter of warning has been sent to the that the shut-off will create a health or safety risk.
person responsible for the violation. All shut-offs imposed under this section shall be
The letter of warning shall specify the temporary, not to exceed thirty (30) days,
violation, may require compliance provided the applicable charges are paid prior to
measures and shall be served upon the reconnection. (Ord.01-15 §6)
person responsible for the violation.
Service may be in person, by office or ■
substitute service or by certified or
registered mail,return receipt requested.
B. Civil Infraction. After the person
responsible for the violation has
received a warning letter, any
subsequent violation shall be treated as
a civil infraction under Chapter 1.16.
(Ord. 01-15 §4)
12.10.33240 Penalties.
A. First Violation—Warning letter.
B. Second Violation of the same type —
Class 3 infraction$50.
C. Third violation of the same type—Class
2 infraction$100.
D. Fourth and subsequent violations of the
same type — Class 1 infraction $250.
(Ord. 01-15 §5)
12-10-6 Code Update: 11108
Attachment 4
Finalized/Clean Version
TIGARD MUNICIPAL CODE
Chapter 12.10 WATER SYSTEM RULES 12.10.010 Definitions.
AND REGULATIONS.
Tigard Water Service Area(TWSA)shall
Sections: mean the territory within the boundaries of City of
12.10.010 Definitions. Durham,City of King City,Tigard Water District
12.10.020 Introduction. and the portion of the City of Tigard not served by
12.10.030 Use Of Water. Tualatin Valley Water District(TVWD).
12.10.040 Service Size.
12.10.050 Separate Connection. 12.10.020 Introduction.
12.10.060 Furnishing Water.
12.10.070 Private Service Pipes. All definitions, authority, rules, and
12.10.080 Violation of Utility Services regulations as described in Chapter 12.01, Utility
Code Services Rules and Regulations, are applicable to
12.10.090 Jurisdiction. this chapter.
12.10.100 Waste-Plumbing-Inspection.
12.10.110 Physical Connections With 12.10.030 Use Of Water.
Other Water Supplies Or
Systems. Water will be furnished for ordinary
12.10.120 Cross Connection Control domestic, business and community purposes, and
Program. fire protection only. No water will be furnished
12.10.130 Payment-Delinquency. for the direct operation of steam boilers,
(Repealed By Ord.96-02). machinery or golf courses, except on an
12.10.140 Water Rates. interruptible basis, and the City will assume no
12.10.150 Interrupted Service-Changes responsibility therein. (Ord. 93-34)
In Pressure.
12.10.160 Service Connection 12.10.040 Service Size.
Maintenance.
12.10.170 Limitation On The Use Of Upon the application for new water service,
Water. and payment of all charges, the City will install a
12.10.180 Fire Hydrant-Temporary Use. service connection and meter of such size and
12.10.190 Illegal Use Of Fire Hydrant Or location as approved by the Public Works
Meter. Department. Meter and water service piping shall
12.10.200 Amendments-Special Rules- be sized using the fixture count method as
Contracts. described in the State of Oregon Uniform
12.10.210 Grievances. Plumbing Code. The minimum size of any water
12.10.220 Findings And Declaration Of A meter, which connects to the city water system,
Water Emergency. shall be five-eights/three-fourths inch diameter.
12.10.230 Enforcement.
12.10.240 Penalties. In new subdivisions, the City requires the
12.10.250 Water Shut-Off. installation of water mains, valves, hydrants and
water services by the developer as a part of
improvements as described in this chapter. All
improvements and installations shall be in
accordance with Public Improvement Design
Standards. (Ord.02-31; Ord. 93-34)
12-10-1 Code Update: 11108
TIGARD MUNICIPAL CODE
quality, class, and size as specified by the state
12.10.050 Separate Connection. plumbing code or regulations of the City.
A separate service connection will be The service pipe within the premises and
required for each dwelling, apartment or motel, throughout its entire length to the water meter
place of business, and institution. All outlying must be in serviceable condition. It must be
buildings and premises used as a part of such protected from freezing at the expense of the
dwelling place or business or institution may be customer, lessee, or agent, who shall be
served from such connection, as well as all responsible for all damages resulting from leaks
buildings on such premises operated under the one or breaks. (Ord. 02-31; Ord. 93-3)
management. City shall prescribe the number of
buildings to be served from one meter and such 12.10.080 Violation of Utility Services Code.
determination shall be final. (Ord. 02-31; Ord.
93-34) A. Waste
No customer shall cause or permit water to
12.10.060 Furnishing Water. run or be discharged through the fixtures,pipes or
faucets on the customer's premises in excess of the
The City shall not be obligated to furnish and quantity necessary for domestic,irrigation or
install, at its expense, system facilities for all other permitted purposes under this Code.
property within the City. The City shall, so far as
reasonable and practicable and within its financial B. Damage.
means, however, provide adequate source of
supply, necessary primary transmission mains, No person shall willfully or maliciously
storage facilities and other improvements damage or in any manner interfere with or remove
necessary to make water service generally any of the pipes,valves,back flow prevention
available to all areas within the City. Extensions devices,meters,lock seals,surface water
to furnish water to areas not now served by the management systems or other property belonging
City will be made at the expense of those persons to the City or used in connection with the City
requesting service. Such extensions will be made utility system.Any person violating this section
by the City or by those expressly authorized by shall be charged for all costs associated with
the City. Consideration will be given to the City's repairing any such damage or interference,plus
ability to serve and to eligibility for annexation to any penalty.This charge may be added to the
the City of the property to be served. The City utility bill.Failure to pay such repair charges shall
may contract with other governmental entities for be a basis for discontinuance of service.
the provision of water. The terms of service will
be defined by agreement and consistent with the C. Tampering.
terms of this Chapter. (Ord. 93-34)
No unauthorized person shall tamper with,
12.10.070 Service Pipe Standard and alter,or damage any part of the City utility
Maintenance. system,reservoir system,pumping station, surface
water management system,metering facilities,
Service pipes of all sizes, within or without open or close any fire hydrant or service line.No
the premises, whether for domestic, commercial, person shall alter the utility service in a manner
or fire protection purposes, must be materials, which would allow service to more than one
12-10-2 Code Update: 11108
TIGARD MUNICIPAL CODE
household without applying for service and
complying with this Code.The Council may 12.10.110 Physical Connections With
establish a tampering fine by resolution for Other Water Supplies Or
violation of this provision.This fine may be Systems.
included in the utility bill. Failure to pay that fine
can result in discontinuance of service. Neither cross connections nor physical
connections of any kind shall be made to any
D. Violations. other water supply, whether private or public,
without the written consent and approval of the
Violation of this section is punishable by a City Council, and the written approval of the
fine of not more than$5,000. Violation of this Oregon Health Authority. Included in this
section a second or subsequent time within a 24- category are all pipe lines, appurtenances and
month period is punishable by a fine of not less facilities of the City system and all pipes,
than$1,500 and not more than$5,000. appurtenances, pumps, tanks, storage reservoirs,
facilities, equipment, appliances, etc., of other
E. Code Violation a Civil Violation. systems whether located within or on public or
private property, or the premises of a water
In addition to the other penalties provided by customer.
this Code and State law, a violation of any
requirement of the Utility Code shall be a civil Any such connection shall be removed by the
violation pursuant to Tigard Municipal Code 1.16 customer within ten days after written notice to
and may be prosecuted in the Municipal Court of remove is given by the City. If not removed
the City of Tigard. (Ord. 94-19) within the time specified, the City may remove or
discontinue any connection which it may have for
servicing the property.
12.10.090 Jurisdiction Of Water System.
The operation and repair of the City's water No person shall interfere with or attempt to
system, including pipes, valves, pumps, prevent the Public Works Director or other
reservoirs, fixtures, etc. is the complete authorized representative from entering upon
responsibility of the City's Public Works private premises and inspecting the property when
Department. No plumber, contractor, or other an emergency exists or the Public Works Director
person will be allowed to connect to or operate or authorized representative exhibits a warrant
any part of the City's water system up to and authorizing entry. (Ord.93-34)
including the water meter. (Ord. 02-31; Ord. 93-
34)
12.10.120 Cross Connection Control
12.10.100 Waste-Plumbing-Inspection. Program.
Water will not be furnished to premises The City maintains a cross connection
where it is allowed to run or waste to prevent control program in order to protect the public
freezing or through defective plumbing or water supply from contamination or pollution, and
otherwise. Plumbing should be in conformance to assure that approved backflow prevention
with the appropriate codes of the jurisdiction assemblies or devices are tested and/or inspected
issuing the building permit. annually.
12-10-3 Code Update: 11108
TIGARD MUNICIPAL CODE
access to the meter shall be from the street side in
Determination by the City of appropriate levels of a direct path to the water meter. Failure to
protection shall be in accordance with the maintain the area will result in City personnel
Accepted Procedures and Practice in Cross clearing the area to meet the City's meter reading
Connection Control Manual, American Water and maintenance needs. The City shall have no
Works Association, Pacific Northwest Section, liability for trimming of maintaining vegetation in
current edition. order to read meters.(Ord.02-31; Ord. 93-34)
12.10.130 Payment-Delinquency. 12.10.170 Limitation On The Use Of Water.
(Repealed by Ord.96-02).
A. Limitation on the use of water as to
(Repealed by Ord. 96-02,Ord. 96-02; Ord.93-34) hours,purpose,or manner may be prescribed from
time to time by order of the Public Works
12.10.140 Water Rates. Director, based on a finding that the limitation is
reasonable given the available and projected water
All rates, fees and charges shall be set by supply and demand. Any order under this section
resolution of the Tigard City Council. (Ord. 93- shall be reviewed by City Council at its next
34) session following issuance of the order. The City
12.10.150 Interrupted Service-Changes Council may affirm,withdraw or amend the order.
In Pressure.
B. The Public Works Director, the City
The water may be shut off at any time for Manager or the City Council may call for
repairs or other necessary work with or without voluntary reductions in water use, including, but
notice. Conditions may cause a variation of the not limited to,voluntary rotational watering plans.
pressure. The City will not be responsible for any (Ord. 01-15 §1,Ord.93-34)
damage caused by interruption of service or
varying pressure. (Ord. 93-34) 12.10.180 Fire Hydrant-Temporary Use.
12.10.160 Service Connection Any person who desires to use a fire hydrant
Maintenance. for temporary water supply must obtain
permission of the City. The charge for temporary
The City will maintain all standard service use shall be set by resolution of the City Council.
connections in good repair without expense to the Customer is responsible for repair and/or
customers. Each customer is required to use replacement of damaged meter. (Ord. 93-34)
reasonable care and diligence to protect the water
meter and meter box from loss or damage by 12.10.190 Illegal Use Of Fire Hydrant Or
freezing, hot water, traffic hazards, and other Meter.
causes, in default of which, such customer shall
pay to the City the full amount of the resulting Connection to a fire hydrant or meter without
damage. proper authority is a Class 1 civil infraction.
(Ord.02-31; Ord.93-34)
Each customer is required to maintain
vegetation and other obstruction free zone of a 12.10.200 Amendments-Special Rules-
minimum of two feet around the water meters,fire Contracts.
hydrants or other water appurtenances. Clear
12-10-4 Code Update: 11108
TIGARD MUNICIPAL CODE
The City may at any time amend, change or responsible for the violation has received a
modify any rule, rate or charge, or make any warning letter, any subsequent violation shall be
special rule, rate or contract, and all water service treated as a civil infraction under Chapter 1.16.
is subject to such power. (Ord. 93-34) (Ord.01-15 §4)
12.10.210 Grievances. 12.10.240 Penalties.
Any grievance as to service or complaints A. First Violation—Warning letter.
shall be made to the Public Works Director, who
shall attempt to resolve the problem. Any B. Second Violation of the same type —
unresolved grievances as to service or complaints Class 3 infraction$50.
shall be reported and will be considered by the
City Manager. (Ord.93-34) C. Third violation of the same type—Class
2 infraction$100.
12.10.220 Findings And Declaration Of A D. Fourth and subsequent violations of the
Water Emergency. same type — Class 1 infraction $250.
(Ord. 01-15 §5)
Upon finding that the municipal water supply
is incapable of providing an adequate water 12.10.250 Water Shut-Off.
supply for normal usage due to a drought, system
failure or any other event, the City Council may After the third violation of a curtailment
declare a water emergency and require that water restriction, the Public Works Director may order
usage must be curtailed. The declaration shall that the water service to the location where the
include the effective date, the reason for the violation has occurred shall be shut-off or
declaration and the level of prohibition declared. reduced. A shut-off notice shall be posted on the
The City Council may include an estimated time property at least 48 hours prior to the scheduled
for review or revocation of the declaration. (Ord. shut-off or reduction. The shut-off notice shall
01-15 §2) specify the reasons for the shut-off or reduction.
Any person wishing to avoid a shut-off must
provide the Public Works Director with evidence
12.10.230 Enforcement. that the shut-off will create a health or safety risk.
All shut-offs imposed under this section shall be
A. Warning. The City shall send a letter of temporary, not to exceed thirty (30) days,
warning for each violation of a curtailment provided the applicable charges are paid prior to
restriction if no previous letter of warning has reconnection. (Ord.01-15 §6)
been sent to the person responsible for the
violation. The letter of warning shall specify the ■
violation, may require compliance measures and
shall be served upon the person responsible for
the violation. Service may be in person, by
office or substitute service or by certified or
registered mail,return receipt requested.
B. Civil Infraction. After the person
12-10-5 Code Update: 11108